BILL NUMBER: AB 1114	CHAPTERED  07/01/99

	CHAPTER   52
	FILED WITH SECRETARY OF STATE   JULY 1, 1999
	APPROVED BY GOVERNOR   JUNE 30, 1999
	PASSED THE ASSEMBLY   JUNE 16, 1999
	PASSED THE SENATE   JUNE 15, 1999
	AMENDED IN SENATE   JUNE 15, 1999

INTRODUCED BY   Assembly Members Steinberg, Florez, and Reyes  and
Senators Rainey, Dunn, and Costa

                        FEBRUARY 25, 1999

   An act to add Article 10.6 (commencing with Section 44650) of
Chapter 3 of Part 25 of the Education Code, relating to certificated
school employees, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1114, Steinberg.   Certificated Staff Performance Incentive
Act.
   Existing law, the National Board for Professional Teaching
Standards Certification Incentive Program, awards grants to school
districts for the purpose of providing one-time $10,000 merit awards
to teachers who are employed by school districts or charter schools,
are assigned to teach in California public schools, and have attained
certification from the National Board for Professional Teaching
Standards.  Existing law establishes the Public School Performance
Accountability Program that consists in part of a state Academic
Performance Index, known as the API.
   This bill would establish the Certificated Staff Performance
Incentive Act for the purpose of awarding one-time performance
bonuses to certificated teachers and other certificated school
employees in eligible underachieving schools where the academic
performance of pupils significantly improves beyond a minimum
percentage growth target.  The bill would require the State Board of
Education to establish criteria for determining the eligibility of
schools to receive the awards and to determine the amount to be
allocated to a school based on the number of teachers and other
certificated staff eligible to receive an award, not to exceed
$25,000 per full-time equivalent certificated staff.
   The bill would provide the award program would only be implemented
if funds are appropriated for these purposes in the annual Budget
Act.  The bill would require the Superintendent of Public Instruction
to allocate funds to school districts and charter schools that have
certified that they satisfy certain eligibility requirements, and to
notify the exclusive representative of the teachers and other
certificated staff in each district of the availability of the funds.
  The bill would require the governing board of the school district,
upon receiving an allocation for the purpose of making awards, to
negotiate individual teacher and other certificated staff salary
award amounts with the exclusive representative of the teachers and
other certificated staff.  The bill would provide for the amount of
awards in the event that an agreement is not reached between the
governing board of the school district and the exclusive
representative of the teachers and other certificated staff.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Article 10.6 (commencing with Section 44650) is added
to Chapter 3 of Part 25 of the Education Code, to read:

      Article 10.6.  Certificated Staff Performance Awards for
Improved Student Achievement In Underachieving Schools

   44650.  (a) The Certificated Staff Performance Incentive Act is
hereby established for the purpose of awarding one-time performance
awards to teachers and other certificated staff in underachieving
schools, where the academic performance of pupils significantly
improves beyond the minimum percentage growth target established
pursuant to Section 52052.
   (b) The State Board of Education shall establish criteria for
determining the eligibility of schools to receive the awards and
shall determine the amount to be allocated to a school, based on the
number of teachers and other certificated staff eligible to receive
an award.  The maximum award allocated to a school per full-time
equivalent certificated staff shall not exceed twenty-five thousand
dollars ($25,000).  The total amount of the awards allocated under
this article shall not exceed the total amount appropriated for the
purposes of this article.
   (c) This article shall be implemented subject to the appropriation
of funds for the purpose of this article in the annual Budget Act.
   44651.  (a) Any school district or charter school that maintains
classes in kindergarten or any of grades 1 to 12, inclusive, may
apply for funding under this article if it meets the conditions of
subdivision (b).  County boards of education, county superintendents
of schools, and state agencies shall not be eligible to participate.

   (b) To be eligible for funding under this article, a school shall
meet all of the following conditions:
   (1) The school's aggregate score for student performance on the
state Academic Performance Index established pursuant to Section
52052 was below the 50th percentile relative to other public schools
in the state in the prior year.
   (2) The school has met the criteria established by the board
pursuant to subdivision (b) of Section 44650.
   44652.  The Superintendent of Public Instruction shall allocate
funds to school districts and charter schools that have certified to
the superintendent that they satisfy the conditions of subdivision
(b) of Section 44651, based on the amount determined pursuant to
subdivision (b) of Section 44650.  At the time of the allocation the
Superintendent of Public Instruction shall notify the exclusive
representatives of the teachers and other certificated staff in each
district of the availability of these funds.
   44653.  Upon receiving an allocation from the Superintendent of
Public Instruction for the purpose of awarding awards, the governing
board of the school district shall negotiate individual teacher and
other certificated staff salary award amounts with the exclusive
representative of the bargaining unit of the teachers and other
certificated staff.  In the event that the governing board and the
exclusive representative of teachers and other certificated staff do
not reach an agreement regarding the amount of the award or if the
teachers and other certificated staff are not represented by an
exclusive bargaining representative, all teachers and other
certificated staff at the school shall receive a salary award amount
that is equal to a percentage of their base salary that is determined
by dividing the total amount awarded to a school by the sum of the
annual base salaries for teachers and other certificated staff of the
school.
   44654.  (a) Funds awarded pursuant to this article shall not
become part of a district's revenue limit, and shall be identified as
a separate item of expenditure on any financial reports filed by
school districts with the state pursuant to any state law or
regulation.
   (b) Salary award amounts received by teachers and other
certificated staff pursuant to this article shall not be considered
compensation for the purposes of calculating retirement benefits or
contributions, or for any other benefit that an employee is eligible
to receive where the benefit or contribution amount is calculated
based on compensation.
   (c) It is the intent of the Legislature that funds appropriated
for the purposes of this article shall be fully expended based on the
criteria established in subdivision (b) of Section 44650.  However,
if unexpended funds are available, they shall continue to be
available for allocation for the intended purpose of the
appropriation in subsequent years.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to make the statutory changes to implement the Budget Act
of 1999 as soon as possible, it is necessary that the act take
effect immediately.
